Response to Malicious Code. If any Malicious Code is found to have been introduced by FCS Personnel into any Deliverable FCS will promptly notify Customer and, at FCS’s cost, eliminate the Malicious Code from the Deliverable and restore any functionality, features and performance capabilities of such Deliverable which are adversely impacted by such Malicious Code. If any Malicious Code is found to have been introduced by FCS Personnel into any Customer Group member technical environment managed, supported or used by FCS Personnel (such environment the “Malicious Code Impacted Technical Environment”), FCS will (i) promptly notify Customer; and (ii) reimburse Customer for the reasonable costs incurred by Customer in (a) eliminating the Malicious Code, (b) to the extent applicable, restoring any loss of operational efficiency, and (c) restoring lost data (such activities in this Section 9.7.2(ii) being referred to collectively herein as the “Malicious Code Response Activities”), which costs will include the fees and expenses charged to Customer by the third party services FCS(s) contractually responsible to Customer for the operation, maintenance and support of such Malicious Code Impacted Technical Environment.
